Encompass Insurance Co. v. Coast National Insurance Co.

OPINION

PREGERSON, Circuit Judge:

We must decide whether unloading an injured passenger from a motor vehicle constitutes “use” of that motor vehicle, under California law. We conclude that it does.

BACKGROUND

This case arises out of an automobile accident. Alexandra Van Horn was a passenger in a car driven by a man named Anthony Glen Watson. Watson lost control of his vehicle; the car ran off the road and crashed into a light pole. A second car, which was not involved in the crash, stopped at the scene of the accident to render aid. A woman named Lisa Torti was a passenger in the second car.…